V.K.GURUSAMY Vs. THE STATE

JUDGEMENT

(1.) The petitioners herein are arrayed as A1 to A5 in S. C. No. 197 of 2013 on the file of the Chief Judicial Magistrate Court, Madurai. The present petition has been preferred by the petitioners under Section 482 Cr. P. C. , seeking to quash the abovesaid case as illegal.

(2.) The case of the prosecution is that the de-facto complainant Mayil Murugan was the representative of 54th Ward on behalf of AIADMK Party. The first petitioner herein is belonged to DMK Party. Previously, he was holding the post of Chairman of Madurai Municipal Corporation, East Zone. In the year 2011, during the Assembly Election, the de-facto complainant was running a real estate office in No. 23, CMR Road. Further, he allowed the said Office to function as a party Office for Communist Party, particularly, for the assembly election. On 06. 04. 2011, at 17. 00 hours, when the de-facto complainant was in his Office, the present petitioners came there with deadly weapons in a Tata Safari vehicle bearing Registration No. TN-59-5657 and the first petitioner abused the de-facto complainant and made a life threat and the other petitioners assaulted him by using Aruval. Fortunately, the de- facto complainant did not sustain any injury. After seeing the occurrence, the witnesses in and around the scene of occurrence, shouted as 'don't beat him'. Hence, the petitioners threatened the de-facto complainant and the witnesses with dire consequences. Thereafter, the de-facto complainant has lodged a complaint before the respondent police on 31. 07. 2011. After receiving the complaint from the de-facto complainant, the respondent police registered a case in Crime No. 1147 of 2011 for the offences punishable under Sections 147, 148, 452, 341, 323, 307 and 506(ii) IPC. Thereafter, the injured persons were getting treatment from Jawahar Hospital on 01. 08. 2011. Subsequent to that, after completion of investigation, the respondent police filed a charge sheet before the Judicial Magistrate Court No. I, Madurai, and the same was taken on file as P. R. C. No. 24 of 201 After completion of committal proceedings, the case has been transferred to the District and Sessions Judge, Madurai. After receiving the committal orders, the learned District and Sessions Judge, Madurai, take the case on file in S. C. No. 197 of 2013 and assigned the same to the learned Cheif Judicial Magistrate, Madurai, for further proceedings. Now, the petitioners have filed this petition to quash the said case pending against them.

(3.) The learned Senior Counsel appearing for the petitioners submitted that as per the Wound Certificate issued to the de-facto complainant, he sustained the following injuries at the time of giving treatment by the Doctor attached with the Jawahar Hospital: